NO REAL CHANGE

Dominion, Volume 34, Issue 190, 9 May 1941, Page 6

NO REAL CHANGE

As many appeals from decisions of the Transport Licensing Au’horit:es concern the Railways Department, stated the Minister of Railways on Monday, “the Government considered that some change in the existing appeal procedure was desirable.” and. as a result. Sir Francis Frazer “has been invited to inquire into appeals” on the Minister’s beha’f. It might be thought. from the wording; of the statement, that the M’nister at last had agreed to surrender some of the ex’ensive and grzvelv disquieting; powers which, as the final court of appeal in licens mg matters, he now exercises. It will he recalled that in the matter of transoor! apnea's, as in many other directions. Ministers of the Crown, under the present Socialist regme. have taken extra-judicial powers which nlace their decisions affectin' 7 the we’fare and fortunes of evervdav citizens beyond all appeal. Ministers have given them selves dictatorial authority, and their decisions in manv wtallv important ma’terc cannot he challenged, for the doors of the Courts of Justice in the land are c'osed to the apnel’ants. It was when attempting to iustify this state of things that the Minister of Transport told Parha men* that his dec’sions would be “protected” against any action by the "OUrtS.

Now, we are tokl. S'r Francis Frazer has been appointed to “inquire 'nto anneals.” What does this mean ’ Apparently Sir Francis can “inquire.” but is without authority to give decis'ons. That power is still retained bv the Minister =o tha‘. despite the assertion that “some change in the existing anpeal procedure was desirable.” there has been uo real change whatever. All along, the M nister has had authority to “annoint any person to inquire into and report to him unon any appeal or any mat'er in re’ation ‘o an appeal.” He has exercised that power in making this appointment, that is all. The appeal procedure has not been affected in the slightest. There is still no appeal from the dec'sidn of the Minister—no right to seek redress through the Courts of Justice. It would have been a real and welcome development had Sir Francis Frazer, who is. as the Minister of Railways has said, admit■tb’y suited to discharge this work, been given the power to decide the appeals, with the restored right of any par'y to carry the issue still urtb.e - * to the Courts of Jus.ice. That would have ensured for all an unbiased hearing, and be in accordance with British ideas of justice, tin' thj r/dit has not been given under the procedure now announced. The Minister of Transport is still the sole court of appeal and cat. still, ii he so determines, give decisions, even without hearing evidence or representations from the parties affected.